Idaho Petty Theft | Petit Theft Charges

_{If you have been charged with Petty Theft (Petit Theft), it is important that you understand the charges against you and what your legal rights are.}

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Idaho Petit Theft

Petit Theft: the theft of property with a value of less than $1,000.

Under Idaho Code §18-2407(2), Petit Theft (or Petty Theft, as it is commonly referred to) is misdemeanor and is any theft crime that does not qualify as Grand Theft: 

Idaho Code: §18-2403: Theft. A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

Idaho Code §18-2407(2): Petit theft. A person is guilty of petit theft when he commits a theft and his actions do not constitute grand theft.

Typically, Petty Theft is charged in instances involving the theft of property with a value of less than $1,000.

Punishment For Petit Theft in Idaho

Petit Theft is a misdemeanor and a conviction can carry a sentence of up to $1000 in fines and up to one year in the county jail (See Punishments: Idaho Code §18-2408). The court can also order probation, anti-theft education and counseling, restitution for the cost of the stolen item(s), and any other punishments it deems appropriate.

In Idaho, stealing or even attempting to steal merchandise from a retail store falls under the broader umbrella of theft. If the value of the merchandise is less than $1,000, the offense is classified as petit theft—a misdemeanor, as described above. However, if the value of the goods hits $1,000 or more, the charge escalates to a felony for grand theft, bringing far more serious consequences.

Additionally, Idaho law specifically addresses the use or possession of anti-theft detection devices—think of those special bags or tools designed to sidestep or remove store alarm tags. A first offense for making, selling, distributing, using, or even just possessing such a device with intent to use it is a misdemeanor. But if someone racks up a second offense within five years, it jumps to a felony, with penalties that can include up to five years in prison and a $1,000 fine (Idaho Code § 18-2411).

So, while the penalties for petit theft may seem straightforward, certain actions—like using anti-theft tools or stealing high-value items—can quickly raise the stakes.

However, the punishments for Petty Theft do not stop when you leave the courthouse. A conviction can have serious short and long term consequences beyond those punishments ordered by the court, potentially affecting your employment, personal relationships, and reputation. A conviction can be particularly harmful in terms of gaining future employment, state licensing, and other benefits.The conviction will appear on any background checks and employers tend to pass on applicants with theft records, fearing them to be dishonest and having the potential to steal from their companies.

Petty theft is considered a "crime of moral turpitude" and can prevent you from obtaining professional licenses and certifications. This may also prevent you from getting Federal Student Loans for education.

Civil Penalties for Shoplifting in Idaho

If you or even your child is accused of shoplifting or retail theft in Idaho, the consequences don't stop with criminal charges. Under Idaho law, store owners have the right to pursue civil damages in addition to any criminal penalties you may face.

Shoplifting and retail theft can involve actions such as:

• Taking items from a store without paying
• Hiding merchandise to avoid paying
• Changing, swapping, or removing price tags to pay less than the retail price

If found liable in a civil case, you (or the parent of a minor involved) could be required to pay for:

• The retail value of any unrecovered merchandise
• Additional statutory damages, generally ranging between $100 and $250
• Court costs and attorneys' fees incurred by the store owner

So, even a single incident of retail theft can lead to significant financial penalties. Idaho's civil statutes on shoplifting are strict—retailers are empowered to protect their losses and hold shoplifters accountable beyond the criminal system.

(Idaho Code §§ 48-701 to 48-705)

Fight Your Idaho Petit Theft Charge

Don't let a Petit Theft conviction follow you around for the rest of your life! Let us fight to keep you out of jail and keep a Petit Theft conviction off your record.

An experienced Idaho Petty Theft attorney can fight the charge and keep it off your record. Every Petty Theft case is different and our attorneys scrutinize the facts of every case to assert the best possible defense. Even if the evidence is overwhelming, we can fight to get the charge reduced or limit the punishment to community service and/or probation. The cost of hiring a petty theft lawyer may not be as high as you think.

If you're facing criminal theft charges—even if they seem minor—don't go it alone. A criminal record for theft, including misdemeanor theft, can haunt you for years, making it harder to land a job, rent an apartment, or even secure a loan. An attorney can guide you through the twists and turns of the criminal justice system and protect your rights at every step. Getting legal advice early can make all the difference in keeping your future on track.

Call Schofield and Young To Discuss Your Petty Theft (Petit Theft) Case

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